Oxford University Fixed Assets Ltd v. Architects Design Partnership (a firm), Tarmac Construction (Contracts) Ltd (formerly Wimpey COnstruction Ltd) [1999] EWHC Technology 271 (13th January, 1999)

Oxford University Fixed Assets Ltd v. Architects Design Partnership (a firm), Tarmac Construction (Contracts) Ltd (formerly Wimpey COnstruction Ltd) [1999] EWHC Technology 271 (13th January, 1999)

Once a Final Certificate is issued under clause 30.9 of the JCT contract, no liability for defective work can be established against the contractor in proceedings brought by the employer. The Final Certificate operates as an evidential bar, precluding proof of liability and thus affording a defence to the contractor in contribution proceedings. The Civil Liability (Contribution) Act 1978 does not override the contractual protection provided by the Final Certificate, and contribution cannot be recovered from a contractor where liability cannot be established due to the evidential effect of the certificate.

Citation
[1999] EWHC Technology 271
Parties
Plaintiff: OUFA; First Defendant: Architects Design Partnership; Third Party: Wimpey (now Tarmac Construction (Contracts) Limited)
Jurisdiction
England and Wales
Procedural Posture
Preliminary Issue in Contribution Proceedings / Judgment on Preliminary Issue
Outcome
Third Party Proceedings dismissed with costs. Leave to appeal granted.
Legal Topics
Final Certificate Under JCT Contract, Contribution Proceedings, Evidential Effect of Certificates, Contractual Liability, Civil Liability (contribution) Act 1978
Construction Law Contract Law Tort Law Final Certificate Under JCT Contract Contribution Proceedings Evidential Effect of Certificates Contractual Liability Civil Liability (contribution) Act 1978

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 18 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

OUFA

Plaintiff

Architects Design Partnership

First Defendant

Wimpey (now Tarmac Construction (Contracts) Limited)

Third Party

Procedural Posture

Preliminary Issue in Contribution Proceedings / Judgment on Preliminary Issue

Legal Issues

  1. 1 Does the Final Certificate under clause 30.9 of the JCT 1980 contract afford a defence to a contractor in contribution proceedings brought by an architect?
  2. 2 Can liability for contribution be established against a contractor after the issue of a Final Certificate?
  3. 3 Does the Civil Liability (Contribution) Act 1978 override the evidential effect of the Final Certificate?

Ratio Decidendi

Once a Final Certificate is issued under clause 30.9 of the JCT contract, no liability for defective work can be established against the contractor in proceedings brought by the employer. The Final Certificate operates as an evidential bar, precluding proof of liability and thus affording a defence to the contractor in contribution proceedings. The Civil Liability (Contribution) Act 1978 does not override the contractual protection provided by the Final Certificate, and contribution cannot be recovered from a contractor where liability cannot be established due to the evidential effect of the certificate.

Court Disposition

Third Party Proceedings dismissed with costs. Leave to appeal granted.

Orders

  • The answer to Preliminary Issue (A) is: the Final Certificate affords a defence to Wimpey as contended in paragraphs 10 and 12 of its defence to the third party notice.
  • Third Party Proceedings dismissed with costs.